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UNITED PUBLIC WORKERS v. ABERCROMBIE

No. SCWC-12-0000505.

325 P.3d 600 (2014)

133 Haw. 188

UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO, Petitioner/Plaintiff-Appellant, v. Neil ABERCROMBIE, Governor, State of Hawai`i; Kalbert K. Young, Director, Department of Budget and Finance, State of Hawai`i; Barbara A. Krieg, Director, Department of Human Resources Development, State of Hawai`i; Ted Sakai, Director, Department of Public Safety, State of Hawai`i, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

February 28, 2014.

Attorney(s) appearing for the Case

Rebecca Covert , Herbert R. Takahashi , Honolulu, and Davina W. Lam , for petitioner.

Richard H. Thomason , for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., with ACOBA, J., Concurring and Dissenting, with Whom POLLACK, J. Joins.

Opinion of the Court by McKENNA, J.

I. Introduction

This case concerns the application of the primary jurisdiction doctrine by the Intermediate Court of Appeals ("ICA") to a lawsuit filed in circuit court by the United Public Workers, AFSCME, Local 646, AFL-CIO ("UPW"), on behalf of the employees ("Employees") it represents. UPW presents the following question: "Whether the ICA erred by ordering the circuit court to stay this case under the doctrine of ...

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